{"id":"supreme-court-general-rules-2005","name":"Supreme Court (General) Rules 2005","slug":"supreme-court-general-rules-2005","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182122,"registerId":"wa-supreme-court-general-rules-2005-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Supreme Court (General) Rules 2005","content":"![Crest]()Western Australia\n\nSupreme Court Act 1935\n\nSupreme Court (General) Rules 2005\n\nWestern Australia\n\nSupreme Court (General) Rules 2005\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Application of these rules 1\n\nPart 2 — Recording proceedings\n\n5. Interpretation 2\n\n6. Transcripts may be in electronic form 2\n\n7. Which proceedings are to be recorded and transcribed 2\n\n8. Recorders and transcribers, duties of 2\n\n9. Accuracy, requesting a check of 3\n\n10. Certificate of accuracy 4\n\n11. Custody of recordings and transcripts 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nSupreme Court Act 1935\n\nSupreme Court (General) Rules 2005\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\nThese rules are the *Supreme Court (General) Rules 2005*.\n\n##### 2. Commencement\n\nThese rules come into operation on 2 May 2005 or the day on which they are published in the *Gazette*, whichever is the later.\n\n##### 3. Interpretation\n\n(1) In these rules, unless the contrary intention appears —\n\n  proceedings means any proceedings in the civil or criminal jurisdiction of the Supreme Court;\n\n  RSC means the *Rules of the Supreme Court 1971*.\n\n(2) A term defined in the RSC has the same meaning in these rules as it has in the RSC, unless the contrary intention appears.\n\n##### 4. Application of these rules\n\nThese rules apply to and in relation to all proceedings that are —\n\n(a) pending when these rules commence; or\n\n(b) commenced on or after these rules commence.\n\n## Part 2 — Recording proceedings\n\n##### 5. Interpretation\n\nIn this Part, unless the contrary intention appears —\n\n  record means any thing or process —\n\n(a) upon or by which information is recorded or stored; or\n\n(b) by means of which a meaning can be conveyed by any means in a visible or recoverable form,\n\nwhether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning.\n\n##### 6. Transcripts may be in electronic form\n\nThis Part does not prevent a transcript of proceedings being in an electronic form.\n\n##### 7. Which proceedings are to be recorded and transcribed\n\n(1) A registrar may direct that the whole or a part of any proceedings or class of proceedings be recorded.\n\n(2) A registrar may direct how proceedings are to be recorded.\n\n(3) A registrar may direct that the whole or a part of any record or class of record be transcribed into written English.\n\n##### 8. Recorders and transcribers, duties of\n\n(1) In this rule a reference to recording proceedings or to transcribing records of proceedings includes a reference to copying a record or transcript of proceedings.\n\n(2) A person who records proceedings or who transcribes records of proceedings or who checks the accuracy of transcripts of proceedings is, while doing so, an officer of the court and must obey any directions of a judge or a registrar in respect of those activities.\n\n(3) A person who records proceedings must —\n\n(a) before the proceedings commence, check that the recording equipment is working properly;\n\n(b) during the proceedings, monitor the recording equipment and ensure that an accurate record is made; and\n\n(c) identify the record.\n\n(4) A person who transcribes a record of proceedings must —\n\n(a) enter in a register the identification of the record;\n\n(b) accurately transcribe the record into written English; and\n\n(c) include on each page of the transcript information to identify the proceedings and the speakers and any other matter directed by a registrar.\n\n(5) A person who checks a transcript, or who copies a record or transcript, of proceedings must —\n\n(a) ensure that the transcript is an accurate transcription of the record, or that the copy is an accurate copy, as the case requires; and\n\n(b) having done so, certify that it is accurate.\n\n(6) A person who records, copies, transcribes or checks the accuracy of transcripts of proceedings must at all times ensure the safe custody of the record of the proceedings.\n\n##### 9. Accuracy, requesting a check of\n\n(1) Whether or not a transcript or a copy has been certified under this Part to be accurate, a person may apply to a registrar to have the accuracy of a specific part of the transcript checked.\n\n(2) On such an application a registrar must cause the transcript to be checked for accuracy, corrected if necessary and certified to be accurate.\n\n##### 10. Certificate of accuracy\n\nA transcript or a copy that has been certified under this Part to be accurate is to be taken to be an accurate account of the proceedings and to accurately identify what was said by whom in the proceedings.\n\n##### 11. Custody of recordings and transcripts\n\nA registrar must ensure that the recording and any transcript of the recording of proceedings —\n\n(a) are sufficiently registered and marked for identification;\n\n(b) are kept in safe custody; and\n\n(c) unless the court orders to the contrary, are not destroyed until at least 2 years after the conclusion of the proceedings, or the last date for commencing any appeal in relation to the proceedings, whichever is the later.\n\nNotes\n\n1 This is a compilation of the *Supreme Court (General) Rules 2005.* The following table contains information about those rules.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Supreme Court (General) Rules 2005* | 29 Apr 2005 p. 1877-84 | 2 May 2005 (see r. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nproceedings 3(1)\n\nrecord 5\n\nRSC 3(1)\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for analysis. The submission contained only a broken-link error page from the Western Australian legislation website."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","Impossible to assess substantive legal complexity without access to the actual text","Score of 1 reflects absence of content, not simplicity of the underlying legislation"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe page that was supposed to contain the **Supreme Court (General) Rules 2005** (Western Australia) is no longer available at the requested web address. The Western Australian Parliamentary Counsel's Office website has undergone system upgrades, and the link to this legislation has changed or broken.\n\n**What this means for you:** No legal analysis can be provided because the actual text of the rules was not accessible. To find the current version of the Supreme Court (General) Rules 2005, you should:\n- Visit the [Western Australian legislation website](https://www.legislation.wa.gov.au) directly\n- Use the site's search menu to locate the rules by name\n- Contact the Parliamentary Counsel's Office Helpdesk if you continue to experience difficulties"},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope focused specifically on court recording and transcription procedures. It has not expanded beyond this administrative function."},"complexity_factors":["Only 11 rules across 2 Parts","Just 3 defined terms (proceedings, record, RSC)","Minimal cross-referencing (only refers to RSC for definitions)","Straightforward procedural rules with clear sequential structure","No nested exceptions or complex conditional logic","Single subject matter focus (recording and transcription)","Plain language drafting with minimal legalese"],"plain_english_summary":"**What this legislation does:**\n\nThese rules set out how court proceedings in Western Australia's Supreme Court are recorded, transcribed, and kept safe. They cover both civil and criminal cases.\n\n**Key things it covers:**\n\n*   **Recording proceedings:** Court officials (called \"registrars\") can decide which cases or parts of cases need to be recorded, and how (for example, audio or video). Transcripts can be kept in electronic form (like computer files), not just on paper.\n*   **Duties of staff:** People who operate recording equipment, type up transcripts, or make copies must:\n    *   Check equipment works before court starts\n    *   Monitor recording during proceedings\n    *   Keep accurate records of who said what\n    *   Store everything safely\n    *   Certify that transcripts are accurate\n*   **Checking accuracy:** Anyone can ask a registrar to double-check if a specific part of a transcript is correct. Once certified accurate, a transcript is officially accepted as the true record of what happened in court.\n*   **Keeping records safe:** Recordings and transcripts must be stored securely and cannot be destroyed until at least 2 years after the case ends (or after the deadline for appeals has passed).\n\n**Who it affects:**\n\n*   Supreme Court judges, registrars, and court staff\n*   People who record and transcribe court proceedings\n*   Lawyers and parties to court cases who need access to transcripts\n\n**Why it matters:**\n\nCourt records are crucial for appeals, legal research, and ensuring justice is transparent. These rules ensure there's a reliable, accurate record of what happens in court and that it's preserved properly."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Rules expressly apply to all civil and criminal Supreme Court proceedings pending at commencement or begun afterward (r.3(1), r.4). They regulate recording/transcription procedure, certification and custody but do not alter the Court's substantive jurisdiction. The Rules incorporate definitions from the older RSC (r.3(2)) and therefore supplement procedural practice rather than expanding or contracting the Court's remit."},"complexity_factors":["Limited subject-matter: focused only on recording/transcription and custody of court records (Part 2, rr.5–11)","Registrar discretion: broad powers to direct which proceedings are recorded, how they are recorded, and transcribed (r.7)","Operational duties: detailed practical duties for recorders, transcribers and checkers, creating compliance obligations and certification steps (r.8–r.10)","Interaction with existing rules: adopts definitions and cross-references to the Rules of the Supreme Court 1971 (r.3(2)), requiring attention to external instruments","Technology-neutral language: permits electronic transcripts and broadly-defined 'records', raising implementation choices for vendors and court IT (rr.5–6)","Retention and access limits: specified minimum retention period and custody requirements with court override (r.11)"],"plain_english_summary":"These Rules set how the Western Australian Supreme Court records, transcribes, certifies and stores records of its civil and criminal proceedings. They give registrars authority to require and direct recording or transcription, make recorders and transcribers officers of the court with duties to ensure accuracy and custody, and create a legal presumption that certified transcripts are accurate. The rules affect court staff, litigants, lawyers and commercial transcription/recording providers by imposing accuracy, certification and retention obligations and by conferring registrar discretion over scope and technology."}},"importantCases":[],"_links":{"self":"/api/acts/supreme-court-general-rules-2005","history":"/api/acts/supreme-court-general-rules-2005/history","analysis":"/api/acts/supreme-court-general-rules-2005/analysis","conflicts":"/api/acts/supreme-court-general-rules-2005/conflicts","importantCases":"/api/acts/supreme-court-general-rules-2005/important-cases","documents":"/api/acts/supreme-court-general-rules-2005/documents"}}